The Family Nexus, LLC (hereinafter “The Family Nexus”, “Company”, “we”, “us”, or similar) is dedicated to helping individuals make deep connections to their family, both living and dead. The Family Nexus provides relevant content on its website for educational and entertainment purposes. We also create software applications related to family history and genealogy. These are collectively referred to as the “Services.”
By using the Services, you agree to all of the terms and conditions set forth herein (“Agreement”). If you disagree with any of the terms or conditions, you must stop using the Services. We reserve the right to change this Agreement at any time, so please check for changes to this Agreement. Your continued use of the Services following the posting of changes to this Agreement means that you accept those changes.
These Terms and Conditions apply to users visiting or registering on or after December 15, 2016.
Licenses and Restrictions
All content found on TheFamilyNexus.com (the “Site”) (including visuals, text, icons, displays, databases, media, and general information) is owned by us or licensed to us. You may view, download, and print content from the Site only for your personal, noncommercial use. In addition, to the foregoing, unless otherwise indicated, content may be viewed, downloaded, or reproduced by media personnel for use in traditional public news media. You may not post content from the Site on another website or on a computer network without our permission. You may not transmit or distribute content from the Site to other sites. You may not use the Site or information found at the Site (including the names and addresses of those who have submitted information) to sell or promote products or services, to solicit clients, or for any other commercial purpose.
Notwithstanding the foregoing, we reserve the sole discretion and right to deny, revoke, or limit use of this site, including reproduction of site content. It is not our responsibility to determine what “fair use” means for persons wishing to use content from this site. That remains wholly a responsibility of the user. Furthermore, we are not required to give additional source citations. Also, in no case do we guarantee that any content on this site is legally cleared for any use beyond personal, noncommercial use. Such responsibility also ultimately remains with the user. However, we do maintain the right to prevent infringement of our content and to interpret “fair use” as we understand the law.
Your License To Use the Services
The Family Nexus gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by The Family Nexus as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by The Family Nexus, in the manner permitted by these Terms.
In consideration for the use of the Site and/or Services, you represent that (a) you have read and agree to the terms of this Agreement, and (b) that you are legally able to register (if required) to use the Site and/or Services and any other Company affiliated site. If you submit personal information to the Site and/or Service, you agree to provide true, accurate, current, and complete information about yourself (including during the registration process) and maintain and keep current and accurate this information about yourself, should it ever change. If you provide false, inaccurate, inappropriate, or libelous information or images, we may suspend or terminate your account and use of the Site and/or Service. During the registration process, you will be asked to create a sign-in name and password to access certain portions of this or other affiliated Sites. You are responsible for maintaining the confidentiality of your sign-in name and password. You are responsible for all activities that occur using this sign-in name and password. If someone else uses your sign-in name and password in such a way as to breach the terms of this Agreement, you remain responsible for his/her actions, and use of your sign-in name may be suspended or terminated.
Licenses and Rights Granted to Us
- Certain parts of the Site offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. The Family Nexus does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of The Family Nexus, LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws The Family Nexus shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- We reserve the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to The Family Nexus, LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
If you are able to download software at this site, you may only use that software as provided by the license agreement that accompanies the software. You are solely responsible for abiding by any United States export controls that may be applicable to any software provided on this site.
Code of Conduct
You agree that you will not individually, or as part of any group or collective effort, submit or post information to this site (either at registration, as a genealogical submission, through a discussion feature, or through any other feature where any Contributed Content can be provided) that could be deemed harmful or offensive to other users. You also agree that you will not impersonate another user in order to hide your identity or implicate another in such actions. You agree not to mine, collect, or use any information from this site with the intent to harm, discredit, harass, or prejudice any person or entity. You further agree to do nothing that might disrupt the flow of data to and from this site, impact the service or performance of this site, or circumvent any of the controls or usage rules that we have implemented. You understand that the result of harmful or offensive actions may include revocation of your right to use this site and other Company affiliated sites, as well as legal action against you.
For your convenience, the Site and/or Service may contain links to websites operated by others. These sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using the site, please notify us immediately.
We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other sites is legally permissible and consistent with the expectations of those who use the Internet. However, if access to a particular site should be restricted, the site operator should promptly notify us.
Data Privacy and Protection
If you are located outside the United States, you consent to the processing in the United States of America of any personal data that you submit. You also agree to comply with all applicable laws regarding the transmission of personal data to or from the United States of America and the country in which you reside.
Jurisdiction and Applicable Law
This Agreement shall be governed by the laws of the State of Utah, United States of America, as applied to agreements entered into and to be performed entirely within the state, without giving effect to any principles of conflicts of law. Any action you bring to enforce this Agreement or any matters related to this site shall be brought in either the state or federal courts located in Salt Lake County, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree to this regardless of your location or any inconvenience to you. If any provision of this Agreement is unlawful, void, or unenforceable (in whole or in part), the remaining provisions shall not be affected, unless we determine, in our sole discretion, that the invalid or unenforceable provision is an essential term to this Agreement, in which case we may, at our sole discretion, amend the Agreement.
Limitations of Liability
We are not liable for any special or consequential damages resulting from your use of, or your inability to use, this site or the content on this site or any linked site, including, but not limited to, lost profits, business interruption, and loss of programs or other data on your information handling system. You hereby acknowledge and agree that in the event that any portion of this limitation of our liability is found to be unenforceable, our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you, if any, for accessing this site or any linked site.
The content on this site and any affiliated websites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose, and warranties of non-infringement. We do not represent or warrant that the functions contained on this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components.
Effective date: December 15, 2016.